The Board is aware that students have been involved in possession of drugs and other illegal substances in the schools and on school property, and considers such activity to be detrimental to the learning process and to the health of those involved. The Board supports the elimination of the possession or use of illegal substances/devices. The Board wants to convey a strong message to the community, faculty, staff, and student body concerning the use or possession of illegal substances in connection with the Seymour Public Schools.

All students, parents, and visitors are advised that it is the policy of the Seymour Board of Education that all lockers, desks, and any other school-provided areas used to store property at any school facility or on any school property are the property of the Board and are not the property of a student to whom they are assigned or who may be permitted to use them. Use of such facilities is a privilege, not a right. As such, all lockers, desks and other storage places on school property are subject to search by Board employees or agents whenever there are reasonable grounds to believe that a search would produce evidence of illegal activity, possession of an illegal object or substance, or of a violation of Board policy or school rules. All students and visitors must understand that they do not have the right to expect privacy in connection with their use of such lockers, desks, and other storage locations, and that any illegal or improper items they may store on school property may be discovered by unannounced search or inspection.

Likewise, the grant of permission to students and visitors to bring vehicles onto school property is a privilege and not a right. Vehicles on school property are subject to search by Board employees or agents whenever there are reasonable grounds to believe that such a search would produce evidence of illegal activity, possession of an illegal object or substance, or a violation of Board policy or school rules. All persons are placed on direct notice that the Board bans from school property or facilities all illegal or controlled drugs or substances, alcoholic beverages, weapons and any other items or substances that are illegal to possess under Board policy or state or federal law, and further, that any person in possession of same violates Board policy and has no reasonable expectation of privacy concerning the possession of such items while on school property or at a school event or activity. The Board authorizes the administration to invite law enforcement agencies or other qualified agencies or individuals to search school property with dogs trained for the purpose of detecting the presence of illegal substances, in order to protect the health and safety of students, employees or property and to detect the presence of illegal substances or contraband, including, among other things, alcohol and/or drugs. The use of trained sniffer dogs is subject to the following:

1. The administration must authorize the use of trained sniffer dogs and the Principal or his/her designee shall be present while the sniffer dogs are in use.

2. Parents and students shall be notified of this policy through its inclusion in whole, in part, or by summary or reference in the student and/or parent handbook.

3. All school property both inside and outside school buildings such as lockers, classrooms, parking areas and storage areas may be searched or inspected by sniffer dogs.

   1. Dogs shall not be used in rooms occupied by persons except for demonstration purposes with the handler present or in serious life-threatening emergencies.

   2. When used for demonstration purposes, the dog may not sniff the person (personal property, such as book bags, backpacks, tote bags, purses and other objects or materials used to transport or store property that are not part of the individual’s clothing and are intended to be readily detached from the person) or any individual, unless they volunteer for such activity or are not a student or staff member of the Board.

4. Individuals shall be subjected to a dog sniff examination of the person only when there are reasonable grounds to believe that such examination will result in the disclosure of evidence of illegal activity, possession of an illegal object or substance, or a violation of Board policy or school rules. Personal property, such as book bags, backpacks, tote bags, purses and other objects or materials used to transport or store property that are not part of the individual’s clothing and are intended to be readily detached from the person, may also be so examined.

5. Once notification has been given to parents and students through the student and/or parent handbook, the school district will have met its obligation to advertise the use of drug sniffing dogs. Additional notices need not be given and actual times or dates of planned sniffer dog use need not be released in advance. If a minor student does not cooperate in a search, efforts will first be made to contact parents or guardians, but the search may nonetheless be completed with or without such contact being made. When in the judgment of the Principal or his/her designee, a clearly dangerous condition is present that threatens life, health or safety; immediate action may be taken to respond to the emergency.

6. Only the dog’s handler will determine what constitutes an alert by the dog. If the dog alerts on a particular item or place, the students having the use of the item or place or responsibility for it shall be called to witness the search. If a dog alerts on a locked vehicle, the student who brought it onto district property shall be asked to open it for inspection.

7. Law enforcement agencies will be given full authorization to investigate and prosecute any person(s) found to be responsible for illegal substance(s) on school property.

8. Any illegal substances or items that violate Board policy or student rules that are recovered on school property shall be confiscated and may be turned over to law enforcement officials.

9. In addition to possible referral to law enforcement officials, students in possession of illegal or illicit items may, where appropriate, also be subjected to discipline under Board of Education student disciplinary policies and procedures.

Seymour Board of Education Policy #5145.122

Legal Reference: Connecticut General Statutes Sections 10-221, 54-33n

New Jersey v T.L.O., 469 U.S. 325 (1985)

Adopted: October 5, 2009; Revised: November 16, 2009